The Biological Diversity Act, 2002

ACT NO. 18 OF 2003

PREAMBLE

An Act to provide for conservation of biological diversity, sustainable use of its components and fair and equitable sharing of the benefits arising out of the use of biological resources, knowledge and for matters connected therewith or incidental thereto.

WHEREAS India is rich in biological diversity and associated traditional and contemporary knowledge
system relating thereto.
AND WHEREAS India is a party to the United Nations Convention on Biological Diversity signed at
Rio de Janeiro on the 5th day of June, 1992;
AND WHEREAS the said Convention came into force on the 29th December 1993;
AND WHEREAS the said Convention reaffirms the sovereign rights of the States over their biological
resources;
AND WHEREAS the said Convention has the main objective of conservation of biological diversity,
sustainable use of its components and fair and equitable sharing of the benefits arising out of utilisation of genetic resources;
AND WHEREAS it is considered necessary to provide for conservation, sustainable utilisation and
equitable sharing of the benefits arising out of utilisation of genetic resources and also to give effect to the said Convention

ARRANGEMENT OF SECTIONS

CHAPTER I
PRELIMINARY SECTIONS

1. Short title, extent and commencement.
2. Definitions.
   CHAPTER II
   REGULATION OF ACCESS TO BIOLOGICAL DIVERSITY
3. Certain persons are not to undertake Biodiversity related activities without the approval of the National
   Biodiversity Authority.
4. Results of research not to be transferred to certain persons without approval of National
   Biodiversity Authority.
5. Sections 3 and 4 not to apply to certain collaborative research projects.
6. Application for intellectual property rights not to be made without approval of National
   Biodiversity Authority.
7. Prior intimation to State Biodiversity Board for obtaining biological resource for certain
   purposes.
   CHAPTER III
   NATIONAL BIODIVERSITY AUTHORITY
8. Establishment of National Biodiversity Authority.
9. Conditions of service of Chairperson and members.
10. Chairperson to be Chief Executive of National Biodiversity Authority.
11. Removal of members.
12. Meetings of National Biodiversity Authority.
13. Committees of National Biodiversity Authority.
14. Officers and employees of National Biodiversity Authority.
15. Authentication of orders and decisions of National Biodiversity Authority.
16. Delegation of powers.
17. Expenses of National Biodiversity Authority to be defrayed out of the Consolidated Fund of
    India.
    CHAPTER IV
    FUNCTIONS AND POWERS OF THE NATIONAL BIODIVERSITY AUTHORITY
18. Functions and powers of National Biodiversity Authority.
    CHAPTER V
    APPROVAL BY THE NATIONAL BIODIVERSITY AUTHORITY
19. Approval by National Biodiversity Authority for undertaking certain activities.
20. Transfer of biological resource or knowledge.
21. Determination of equitable benefit sharing by National Biodiversity Authority.
    CHAPTER VI
    STATE BIODIVERSITY BOARD
22. Establishment of State Biodiversity Board.
23. Functions of State Biodiversity Board.
24. Power of State Biodiversity Board to restrict certain activities violating the objectives of
    conservation, etc.
25. Provisions of sections 9 to 17 to apply with modifications to State Biodiversity Board.
    CHAPTER VII
    FINANCE, ACCONTS AND AUDIT OF NATIONAL BIODIVERSITY AUTHORITY
26. Grants or loans by the Central Government.
27. Constitution of National Biodiversity Fund.
28. Annual report of National Biodiversity Authority.
29. Budget, accounts and audit.
30. Annual report to be laid before Parliament.
    CHAPTER VIII
    FINANCE, ACCOUNTS AND AUDIT OF STATE BIODIVERSITY BOARD
31. Grants of money by State Government to State Biodiversity Board.
32. Constitution of State Biodiversity Fund.
33. Annual report of State Biodiversity Board.
34. Audit of accounts of State Biodiversity Board.
35. Annual report of State Biodiversity Board to be laid before State Legislature.
    CHAPTER IX
    DUTIES OF THE CENTRAL AND THE STATE GOVERNMENTS
36. Central Government to develop National strategies, plans, etc., for conservation, etc., of
    biological diversity.
37. Biodiversity heritage sites.
38. Power of Central Government to notify threatened species.
39. Power of Central Government to designate repositories.
40. Power of Central Government to exempt certain biological resources.
    CHAPTER X
    BIODIVERSITY MANAGEMENT COMMITTEES
41. Constitutions of Biodiversity Management Committees.
    CHAPTER XI
    LOCAL BIODIVERSITY FUND
42. Grants to Local Biodiversity Fund.
43. Constitution of Local Biodiversity Fund.
44. Application of Local Biodiversity Fund.
45. Annual report of Biodiversity Management Committees.
46. Audit of accounts of Biodiversity Management Committees.
47. Annual report, etc., of Biodiversity Management Committee to be submitted to District
    Magistrate.
    CHAPTER XII
    MISCELLANEOUS
48. National Biodiversity Authority to be bound by the directions given by Central Government.
49. Power of State Government to give directions.
50. Settlement of disputes between State Biodiversity Boards.
51. Members, officers, etc., of National Biodiversity Authority and State Biodiversity Board deemed
    to be public servants.
52. Appeal.
    52A. Appeal to National Green Tribunal.
53. Execution of determination or order.
54. Protection of action taken in good faith.
55. Penalties.
56. Penalty for contravention for directions or orders of Central Government, State Government,
    National Biodiversity Authority and State Biodiversity Boards.
57. Offences by companies.
58. Offences to be cognizable and non-bailable.
59. Act to have effect in addition to other Acts.
60. Power of Central Government to give directions to State Government.
61. Cognizance of offences.
62. Power of Central Government to make rules.
63. Power of State Government to make rules.
64. Power to make regulations.
65. Power to remove difficulties.

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The Biological Diversity Act, 2002

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